QUESTION

hello, i was wanting to know if i could sue the owner of a machine? my daughter had chronic lung disease and she was in the nicu until she passed but

Asked on Jan 21st, 2016 on Medical Malpractice - Tennessee
More details to this question:
her nurse at the time said that the sensor in ventilator had went bad and cause he co2 to reach a dangerous level and when they found the problem and fix it her co2 went back to normal. she had told me it was the machine and not her.
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1 ANSWER

Let me start by saying that I am very sorry for your loss. In order for the manufacturer of the ventilator to be held liable for your daughters death, you would have to prove that the malfunction in the machine was your daughters cause of death. In death cases, it is better if an autopsy is done to try and determine an exact cause of death. This way, you can determine the relatiohship, if any,  between her cause of death and if the malfunction in the machine that caused her dangerous levels of co2 levels in some way caused to her death. However, you indicated in your description that they fixed the machine and that her co2 level had returned to normal before she died. Without an autopsy, it would be very difficult to prove the relationship. The nurses statement alone would not be enough to establish liability on the manufacturer.  
Answered on Jan 22nd, 2016 at 2:26 AM

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